HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 669 / 2018
1. Sagar Sharma S/o Shri Panna Lal Sharma, Aged About 29
Years, R/o 122, Shanti Nagar, Kings Road, Jaipur.
2. Panna Lal Sharma S/o Shri H.L. Sharma, R/o 122, Shanti
Nagar, Kings Road, Jaipur.
3. Smt. Sudha Sharma W/o Shri Panna Lal Sharma, R/o 122,
Shanti Nagar, Kings Road, Jaipur.
—-Petitioners
Versus
1. State of Rajasthan Through PP.
2. Smt. Akansha Sharma, D/o Shri Umesh Sharma, Aged About
27 Years, R/o House No. 40, Santosh Nagar, Opposite J.K. Petrol
Pump, Nirman Nagar, Ajmer Road, Jaipur.
—-Respondents
__
For Petitioner(s) : Mr. Ankur Gupta.
For Respondent(s) : Mr. V.S. Godara, PP
Mr. Devendra Sharma.
__
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
07/02/2018
This misc. petition has been preferred by accused-petitioners
with a prayer to quash and set-aside the proceedings in Criminal
Case No.263/2016 (State Vs. Sagar Sharma Ors.) pending
before the Court of Metropolitan Magistrate No.12, Jaipur
Metropolitan.
Heard learned counsel for the accused-petitioner as also
learned counsel for the complainant-respondent No.2 and learned
Public Prosecutor for the State.
Accused-petitioners – Sagar Sharma, Panna Lal Sharma
Smt. Sudha Sharm and complainant-respondent No.2 Smt.
Akansha Sharma are present in person, who are represented and
identified by their respective counsels.
(2 of 2)
[CRLMP-669/2018]
Learned counsel for the petitioners submits that for the
offence under Section 406 IPC compromise was submitted before
the learned trial court, which has been attested and the accused-
petitioners have been acquitted for the offence under Section 406
IPC on 16.12.2017. He submits that now the offence under
Section 498A IPC is pending trial.
Learned counsel appearing for the respondent No.2 Smt.
Akansha Sharma admits the aforesaid fact. Counsel further
submits that the complainant is not interested in continuation of
the trial for the offence under Section 498-A IPC.
It is also admitted by both the sides that on the basis of
mutual consent, a decree of divorce has also been passed by the
learned trial court.
Looking to the fact that the matrimonial dispute has been
settled between the parties amicably and the offence under
Section 406 IPC has also been compounded, in order to keep the
harmonious and peaceful relations between the parties, it will not
be proper to continue the trial for the offence under Section 498A
IPC. Continuation of such proceeding is merely abuse of process of
law and will not serve any purpose.
In view of above, the misc. petition is allowed and the
proceedings pending before the Court of Metropolitan Magistrate
No.12, Jaipur Metropolitan in Criminal Case No.263/2016 (State
vs. Sagar Sharma Ors.) for the offence under Section 498A IPC
is quashed and set-aside.
(DEEPAK MAHESHWARI) J.
Rm/85
